1 THIS AGREEMENT

When you click “I Agree”, these terms and the details entered onto your booking form constitute a legally binding agreement (Agreement) between you and us which will apply until the end (or any cancellation) of the Booked Event, unless the Agreement is terminated for any reason.

You understand that the adventures and events you can book via this website are not provided directly by us but are provided by third parties (Providers) who will deal with you directly when your tour/adventure commences. In the meantime, we will continue to deal with you directly.

2 MAKING A BOOKING

To participate in any of our adventures, you must make a booking with us for that event (Booked Event) via this website, by completing our booking form which is located at www.rideawayglobal.com.

By completing that form and submitting it at this website by clicking “I Agree”, you agree to:

participate in the Booked Event;

adhere to all terms of the Agreement in relation to the Booked Event and your booking generally;

ensure that all persons named on the booking form (Booked Parties) who participate in the Booked Event are made aware of and also adhere to all terms of the Agreement in relation to the Booked Event and your booking generally.

Where there are named on your booking form Booked Parties other than yourself, you acknowledge that to the extent permitted by law you are agreeing to all of the terms of this Agreement (including any Event Documentation as referred to below) on your own part and also on behalf of all other Booked Parties and are primarily responsible for your and their adherence to all terms of the Agreement.

You acknowledge that we or the Providers may (but are not obliged to) require all Booked Parties (or in the case of minors or those under a legal disability, one of the other Booked Parties on their behalf) separately to sign further documents or acknowledge electronically specifically agreeing to the terms of this Agreement and/or the Providers’ terms in respect of the Booked Event and participation in it by the Booked Parties and the Providers.

3 ACCESS TO EVENTS

In return for your compliance with the Agreement and full payment of all Event Fees in accordance with clause 6, subject to the terms of the Agreement we agree to refer your booking to the Providers who will be responsible to accompany and guide you and all other Booked Parties to and during the Booked Event.

After you have made a valid booking, we or the Providers may provide you with documentation (Event Documentation) containing information relevant to the Booked Event. Where the Event Documentation states that it includes rules you are required to comply with during and leading up to the Booked Event, those rules are incorporated into the Agreement and are legally binding upon you too.

By making a valid booking, you warrant and agree that:

you are at least 18 years of age;

all information provided in the booking form is complete and accurate as at the time of entry into that form;

you consent (and agree to procure written consent from any or all of the other Booked Parties if we so request) to us using and to provide to the Providers and our relevant suppliers, whether located in Australia or overseas, your personal information and that of any other Booked Parties for the primary purpose of facilitating (or allowing the Providers to facilitate) your participation and the participation of any other Booked Parties in the Booked Event;

you have obtained or will before commencement of the Booked Event obtain for yourself and any other Booked Parties for whom you are responsible comprehensive travel insurance which covers loss, damage and/or injury during outdoor activities including horse riding;

you are primarily responsible for payment of all fees for participation by the Booked Parties in the Booked Event;

you indemnify us against any and all loss that we may suffer as a result of any breach of these terms or the Providers’ terms by you or by any of the Booked Parties for whom you are responsible;

we may make travel bookings on your behalf and on behalf of the other Booked Parties and to arrange the relevant contracts between all Booked Parties and the Providers and/or our relevant suppliers;

whether or not we make travel booking on behalf of any Booked Parties, we are not responsible for flights nor any changes to flights whether by the airline or which are made necessary by changes made by you, us or the Providers;

in respect of all flights, airline cancellation policies will apply even if inconsistent with terms of this Agreement (and you acknowledge and agree that we are not liable for any such inconsistency);

you and/or the Booked parties are entirely, and we are not at all, responsible for obtaining any travel insurance or cancellation insurance and we are not liable for the consequences of any failure to do so.

In the event of any inconsistency between Event Documentation and these terms, these terms will apply to the extent of any inconsistency unless expressly stated otherwise in the Event Documentation.

We or the Providers may change or cancel your booking or the Booked Event in whole or in part or your or any Booked Parties’ actual or proposed participation in a Booked Event, subject to clause 7.

4 ACCESS TO THIS WEBSITE AND MATERIALS

There is no fee payable to read information about our products and services available on our website but we do charge fees for participation in events described on our website.

While we have taken all due care, we do not guarantee that our website or the materials on it, or the content of any Event Documentation to which we give you access, will be error-free, or in the case of electronically accessed documents, free from viruses or that access to any of those things will be uninterrupted. You also must provide your own internet connection to access our website and any online documentation as we do not provide internet connections.

We may terminate your access to our website and any electronic materials at any time without notice and for any reason.

Any communication or material that you transmit to or post on our website by any means, including any data, questions, comments, suggestions or anything else, will be treated as non-confidential and non-proprietary information, and you now grant us a perpetual, irrevocable and royalty-free licence to use any such communication for any purpose we see fit.

You will not, nor attempt to:

provide, publish, post or create a link to any page or part of our website, products or services without our express written permission;

link directly to any page of our website or any part of our products or services other than via normal navigation of our website or normal usage of the products or services;

post or transmit to our website or via any of our products or services any unlawful, threatening, libellous, defamatory, obscene, dangerous, inflammatory, pornographic or profane material, any material that could constitute or encourage conduct that will be considered a criminal offence, give rise to civil liability or would otherwise violate any laws, nor any materials, malware, spyware, computer viruses or other materials which may adversely affect the security or content of our website, products or services;

violate the security or any security measures of our website or any of our products or services nor that of any of our systems and networks;

access any data on or from our website, products or services which is not intended for you;

probe, scan or test the vulnerability of our website, products or services or any of our systems or networks;

interfere with service to any other user of our website, products or services; nor

use any device, software or routine to interfere or attempt to interfere with the proper working of, any activity being conducted on or via, our website, products or services.

You agree that:

the content on our website and in any Event Documentation is provided for your information only and does not constitute professional advice of any sort;

our website might not at any given time be actively monitored whether during or outside business hours, and the information contained on the website and in any Event Documentation is presented “as is” and has not in any way been tailored to suit your own personal circumstances; and

we have absolute discretion to edit, decline to post or remove in whole or in part any information or material you provide or post to or via our website.

Material on, in or made available via our website or in any Event Documentation, may contain general information about us, our and our Providers’ adventures and related services, or those of other parties with whom we deal or do business. Unless expressly stated otherwise, this information:

does not constitute an offer or inducement to enter into any legally binding contract;

other than these terms and conditions set out in this document, but subject to clause 3.2, does not form part of any agreement we have with you in respect of any adventures or services you can book with us nor those of our Providers or any other parties referred to on or in our website or Event Documentation; and

does not mean that we are in any way affiliated with any other parties or businesses referred to (if any).

While we have made every effort to ensure that the information on and available from our website and in any Event Documentation we provide to you is free from error, we do not warrant the accuracy, adequacy or completeness of that information. We also may not have the chance to check Event Documentation provided directly to you by Providers and so we cannot make any warranty in respect of anything contained in such documentation – that will always be a matter between you and the Providers.

As a convenience, our website or Event Documentation may from time to time include links or references to other websites and/or materials, which are beyond our control (Other Sites). We do not review or monitor any websites linked to our website or to any Other Sites and we are not responsible for content on any websites outside our website or services.

If you access any Other Sites, you do so at your sole risk and subject to the terms and conditions of those sites.

The inclusion on or in our website or in any Event Documentation of any links or references to Other Sites does not imply any endorsement by us of any of the Other Sites or the content contained on those sites. We do not warrant the safety or accuracy of the content on any Other Sites and will not be liable for any adverse consequences to you whatsoever arising out of your access to or use of any Other Sites.

5 PRIVACY AND USE OF PERSONAL INFORMATION

Without limiting the generality of clause 4, you acknowledge that via the website and/or via our products or services we will from time to time collect information about you and other parties which might constitute personal information within the meaning of the Privacy Act 1988 (Cth) or the collection and use of which might otherwise be regulated other applicable privacy or data protection legislation. This will include collection personal information about Booked Parties and any other parties identified on the Booking Form.

While we will usually only use and disclose such information for the purposes of complying with this Agreement, providing goods or services to you, facilitating the provision by our suppliers or the Providers of goods and services to you or providing support for the use of those goods or services where necessary, we may also use and disclose those details to our staff, contractors and service partners, for business or marketing purposes.

We may also collect information about other parties from you if you provide such information to us whether via the website or via use of our or Providers’ products or services. You warrant that:

any information you provide to us, about or which may identify yourself or anyone else, will be at the time you provide it accurate and complete and that our use of it as anticipated in clause 1 will not breach the rights of any party; and

all Booked Parties consent to our collection and use of their personal information for the purposes set out in clause 1.

You consent to us using and disclosing for the purposes set out in clause 5.1 any information referred to in clauses 5.1 or 5.3.

6 PAYMENT OF FEES

You agree to pay a deposit (Deposit) of 20% of the total fees for the Booked Event (including for all Booked Parties) (Event Fees) within 7 days of the time you make the booking unless we notify you otherwise.

There may be occasions where we require you to pay 100% of the Event Fees at the time you make the booking. This will include where you make the booking less than 60 days before the Commencement Date, which in this Agreement means the earlier of:

the date you and other relevant Booked Parties are required to be present at the place at which the Booked Event is to commence or depart from; and

the proposed departure date for the Booked Event where the Booked Event involves travel by the Booked Parties.

Your booking is conditional upon the Deposit being paid in full and received by us in cleared funds.

Subject to clause 7 and to any rights to may have under the Australian Consumer Law, the Deposit may not be refunded if you change your mind or cancel your booking for any reason.

We will provide you with an invoice for payment of all Event Fees.

Unless we notify you otherwise by email, the final date by which you are required to pay the balance of the Event Fees (Final Payment Date) is:

if you have made your booking within 60 days of the Commencement Date, the date of your booking; or

otherwise, 60 days before the Commencement Date.

You agree to pay the balance of Event Fees on or before the Final Payment Date. If payment of all Event Fees is not made in full on or before that date, we may cancel your booking and impose a cancellation fee.

We may at our sole discretion agree to different terms proposed by you for your payment of Event Fees and will notify you by email of our agreement (if any) to any such terms. If you breach any of those terms, we reserve the right to cancel your booking and impose a cancellation fee.

Unless stated otherwise, all Event Fees are exclusive of GST.

You can pay online or via bank transfer, but surcharges will apply. We will provide you with payment instructions together with your booking confirmation.

If we incur any fees as a result of your choice of payment method, we will pass those fees on to you at cost and you agree to pay those in addition to the Event Fees.

7 CANCELLATIONS AND CHANGES

If you wish to cancel your booking in respect of all or any Booked Parties, you must notify us by email (each is a Cancellation Notice). Any Cancellation Notice received not on a Business Day or outside the hours of 9am to 5pm on a Business Day will be deemed received at 9am the following Business Day. In this clause, Business Day means a day not being a Saturday, Sunday or public holiday in Brisbane, Queensland.

If we receive your Cancellation Notice:

30 or more days before the commencement of the Booked Event (which is the proposed departure date for the Booked Event where the Booked Event involves travel by the Booked Parties), we may (and will unless we notify you otherwise) retain your Deposit as the cancellation fee;

less than 30 days but more than 20 days before such commencement date, we may (and will unless we notify you otherwise) retain 50% of your Event Fees as the cancellation fee;

less than 21 days before such commencement date, we may (and will unless we notify you otherwise) retain 100% of your Event Fees as the cancellation fee;

we will notify you by email within 7 days of receipt of your Cancellation Notice of the amount of the cancellation fee (if any);

we will within 21 days of receipt of your Cancellation Notice refund to you all Event Fees paid by you less any cancellation fee we impose and will notify you by email setting out the calculation of your refund (If any).

We reserve (and the Providers will also reserve) the right to change or cancel your booking or the Booked Event in whole or in part, whether for you or some or all of the Booked Parties, for any reason, but we will usually only do so if it is reasonably necessary. Unless we expressly inform you otherwise, any refunds will not include our booking fees, any non-refundable third party fees in respect of the Booked Event nor any sums paid or payable by you to us for any other Booked Event (Non-Refundable).

Subject to clauses 5 and 10.3, if we do make any such change or cancellation or we hear that the Providers wish to do so, we will:

give you as much notice as we reasonably can;

offer you a comparable alternative if we consider that appropriate;

refund to you all Event Fees you have paid less any Non-Refundable.

There may be some occasions where the Providers cancel the Booked Event either after it commences or just before it commences, for example due to circumstances beyond their control and/or factors that may affect the safety of participants. In such cases, no refund or only a limited refund may be available depending upon expenses incurred by the providers to that point. In those cases, the question of whether a refund will be available will not be up to us and we will not be liable to you for any such refund even if there is no refund available.

You agree that we will not be liable to you, any Booked Parties or any other person whatsoever for any cost, loss or damage whatsoever arising out of or in any way connected with cancellation for any reason (by us, by you or by any Providers) of a Booked Event.

If we accept your request to change from one Booked Event to another or to make changes to your booking more than 30 days before the Commencement Date, we may charge you an administration fee of AUD$60 excluding GST.

Any request by you less than 60 days before the Commencement Date to change from that Booked Event to another will be treated by us as a Cancellation Notice in respect of the Booked Event and a request for a new booking.

8 INTELLECTUAL PROPERTY

Without limiting the generality of anything else contained in this Agreement, you acknowledge and agree that title in, and in all intellectual property rights in or arising out of, any Event Documentation, other documents or information (together, Materials) we provide to you or any Booked Parties shall, unless otherwise agreed in writing between us, remain with us or our licensors, subject only to your right to use the Materials solely for your personal and non-commercial use.

Where (and only where) you are specifically invited on or by our website or Materials to do so, you may download and/or copy Materials from our website for your own personal and non-commercial use.

You must not distribute, modify, transmit, reuse, repost, or make use of any Materials in any way whatsoever for any other purpose without our express written permission.

All intellectual property rights in or arising out of our website or any Materials are either owned by or under licence to us. We reserve all of those rights.

9 INSOLVENCY OF PROVIDER

If any Provider becomes unable to pay its debts when due:

we may terminate this Agreement by written notice to you effective immediately, which will bring this Agreement to an end;

we will not have any liability to you nor any responsibility to find you another provider in respect of the Booked Event; and

if we have already paid the Provider all or part of your booking costs (prior to that Provider being unable to pay its debts when due), our only obligation to you is to refund you what you have paid us in respect of the Booked Event, less any booking costs we have paid to the Provider. For the avoidance of doubt, this means that the booking costs we have paid to the Provider will not be refunded to you.

10 CONDUCT OF BOOKED PARTIES

You agree to ensure that all Booked Parties:

will not do anything to jeopardize the right or ability of other participants and suppliers to enjoy a safe environment;

will behave lawfully, politely and appropriately for the Booked Event;

will comply with all laws in the place in which the Booked Event takes place, and with all lawful requests of any appointed instructors, leaders or any other authorised person during or in respect of the Booked Event.

You acknowledge and agree that all Booked Parties will be held responsible for any misconduct, unlawful behaviour, breach of any rights of any third parties or any negligent acts or omissions.

In the event of any breach of clause 1, we reserve (and the Providers will reserve) the right to cancel the Booked Event or the right of any one or more Booked Parties to participate in it, and in any such case, no refund or alternative accommodation or arrangements will be provided.

11 WARRANTIES, LIABILITY AND INDEMNITIES

You acknowledge that we act only as the booking agent for the Booked Events and are not the direct provider of the Booked Events. Accordingly, we bear no liability at all in respect of the Booked Event and we make no warranty, guarantee or any other statement whatsoever including as to their quality, duration, activities covered or otherwise.

Should any injury, loss or damage be suffered by you or arise in any way as a result of or in the course of a Booked Event, there shall be no liability whatsoever on our part.

There shall be no other warranties except for those provided in this Agreement. All other warranties, express or implied, are excluded to the extent permitted by law. We will not be liable for any special, indirect or consequential damages or damages resulting in, any loss of profit, loss of goodwill, loss of business opportunity, loss of revenue or any other damage, costs, expenses or other claims even if such claims or damages arose as a result of our negligence or under any other tortious action while providing services to you or as a result of your use of our products or services.

We do not warrant and are not liable for any actions, omissions or information provided by any other person using our website, products or services.

We do not warrant that the Materials, including any materials on, in or available via our website, will be suitable for any particular purpose. Access to those materials is provided on a strictly “as is” basis.

As part of the consideration for our supply of our booking (and any other of our) services to you, you now release and forever discharge us, our employees, servants and agents and each of them from any claim or demand of any nature whatsoever associated with or arising out of any of (or any use of or reliance upon) our services (other than non-delivery due to our wilful default) that you have, had or but for this clause would have had against any of the parties so released.

Subject to our compliance with the terms of this Agreement, you will be liable for and indemnify us, our employees, servants and agents and each of them jointly and severally against any loss, damage, expense or cost of any nature (including, without limitation, full solicitor and client legal costs on an indemnity basis) that any of them incurs or may incur (whether directly, indirectly or consequentially or otherwise) arising out of your use of our website, products or services or any of their contents or from any breach by you of these terms and conditions.

Without limiting any other clause of this Agreement, you irrevocably agree to release, discharge and indemnify us against any and all third-party claims, actions, damages, suits and remedies which may be brought against or sought from us by or on behalf of any Booked Parties, in respect of a liability that arises out of or relates to participation in any Booked Events.

You agree to abide by the terms and conditions of the Providers and any third party suppliers in respect of Booked Events. We will provide you with a copy of any applicable Provider or third-party supplier terms and conditions if you ask us for them and if we have them in our possession at that time (and if we do not, we will use best endeavours to obtain a copy for you as soon as possible).

For the avoidance of doubt and without limiting any other clause of this Agreement, we will not be responsible for:

any loss, cost or damage whatsoever caused by you, any of the Booked Parties or any other person travelling with you, any of the Providers or any of their personnel;

any loss, cost or damage incurred for or as a result of medical attention provided or required during or arising out of a Booked Event;

the quality of any medical care or services provided during or arising out of a Booked Event; nor

any loss, cost or damage caused by your failure to notify us of any special requirements or provision to us of inaccurate or incomplete information.

Provisions of the Australian Consumer Law and other statutes from time to time in force in Australia may imply warranties or conditions or impose obligations upon us which cannot be excluded or modified. This Agreement must be read and interpreted subject to such statutory provisions or any other similar provisions.

Our liability and that of our employees, servants or agents for any breach of any condition or warranty implied by law or otherwise, and which cannot be excluded, is limited to the extent possible, at our option, to:

the supply of the relevant goods or services again; or

payment of the cost of having the goods or services supplied again or repaired.

12 GENERAL MATTERS

The headings set out in this Agreement are for convenience only and shall not in any way affect the interpretation of this Agreement.

The terms of this Agreement may only be amended by a further written agreement signed by the parties.

All notices required by this Agreement shall be made in writing and shall be in the English language and sent to the address of the recipient provided to the other party in writing (including electronically) or as otherwise directed by the recipient. Notices shall be hand delivered or sent by certified mail, courier, facsimile or email.

Notices will be effective:

if hand delivered or sent by courier, on the date of receipt;

if sent by facsimile, on the date of transmission;

if by email, when the email becomes capable of being retrieved by the recipient; and

if by certified mail, three days after being posted.

If any provision of this Agreement is determined to be void, illegal or unenforceable by any law or regulation of any government or by any court, such provision will be severed from the Agreement and the remaining parts, terms and provisions will remain enforceable.

The parties agree and acknowledge that we are an independent contractor and that nothing in this Agreement is intended to create a relationship of master and servant, employer and employee, partnership or joint venture between you and us.

This Agreement and your relationship with us pursuant to this Agreement are governed by the laws of Queensland, Australia, and shall not be subject to or governed by The United Nations Convention on Contracts for the International Sale of Goods or any other similar or replacement Convention.

You unconditionally and irrevocably agree to submit to the exclusive jurisdiction of the courts of Queensland for the purpose of resolving any disputes pursuant to this Agreement.

This Agreement constitutes the entire agreement of the parties and supersedes all prior understandings, negotiations, agreements, written or oral, express or implied.

No waiver or breach of any term of this Agreement shall constitute a precedent or a waiver of any succeeding or other breach of the same.

When from time to time you log into or seek to access relevant parts of our website, products or services, you may be asked to agree to our then current terms and conditions. We do not warrant that on any such occasion those terms and conditions will be the same as set out in this document.